Belmont couple sue hospital over fall

By BEA LEWIS

Tuesday

Oct 30, 2007 at 5:31 AMOct 30, 2007 at 5:32 AM

A Belmont woman and her husband have filed a medical negligence lawsuit against Concord Hospital, claiming they failed to properly evaluate and supervise her, resulting in her falling and sustaining a severe, traumatic head injury.

Marilyn Winans and her husband, William, of 66 Shaker Road claim in a suit filed in Belknap County Superior Court in May that Mrs. Winans' fall on Nov. 22, 2005, could have been prevented.

Their lawyer, Christopher Seufert of Franklin, states that Mrs. Winans was transferred from Lakes Region General Hospital to Concord Hospital for a cardiac evaluation.

“Upon the transfer, Concord Hospital had knowledge of the plaintiff's condition, that she was elderly, and that she was prone to fall. The couple alleges that Concord Hospital did not appropriately monitor and care for Mrs. Winans, and her risk of falls, and left her unguarded in a room, without supervision, and the plaintiff thereafter in an attempt to go to the bathroom, fell in her room, causing a severe head injury,” he wrote in court pleadings.

In its response to the suit, Concord Hospital denies all liability for the accident, denies any negligence, and denies its actions contributed to the plaintiff's damages.

“All care provided by Concord Hospital nurses and staff was reasonable, appropriate and consistent with the standard of care,” wrote Attorney Sarah Murdough of Concord who is representing Concord Hospital.

The plaintiffs have requested that a jury hear the case and the trial is expected to last two to three days.

Seufert claims Mrs. Winans was later transferred from Concord Hospital to the St. Francis Home in Laconia for rehabilitation.

“She never fully recovered from the injuries and her health deteriorated quickly after the fall to the point that her death is imminent at this point in time,” Seufert wrote in a pleading filed Sept. 27.

Seufert claims the nursing staff failed to properly assess Mrs. Winans' risk to fall and that, while they documented the use of protective measures such as a call bell, bed rails, and bed alarm, no increased risk assessment was noted.

Hours before she fell, Seufert alleges, hospital records show Mrs. Winans was given sleep medication. The woman was found on the floor of her room after her roommate called the nursing staff about 3.25 a.m.

“Late entries, 13 hours after, were backfilled into the patient's records by the nursing staff that stated the 'patient was alert and oriented times three,'” the writ charges.

A CT scan revealed Mrs. Winans had sustained a “subarachnoid hemorrhage” and a possible contusion. When a neurologist evaluated her two days later, she was diagnosed with “encephalopathy with significant traumatic brain injury from the fall resulting in frontal confusion, subdural and subarachnoid hemorrhage,” Seufert alleges in the writ.

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